Evicting Tenants with No Written Agreement: What to Do
Briefly, tenants have moved into a property with the landlord's verbal agreement - tenants have until now refused to sign a tenancy agreement and consistently late paying rent, not yet paid a deposit.
Now the landlord wants them out ASAP.
Notice needs to be served, but without a written agreement, what evidence would be required to do a valid notice that a tenancy exists? If it cannot be proven a tenancy exists, can we treat these people as squatters?
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Landlords should be aware of the benefits of written tenancy agreements and the procedures necessary for obtaining such an agreement. Although a landlord can create many short-term tenancies (three years or less) without a written agreement, it is generally not advisable for landlords to allow occupation without first having secured a signed formal tenancy agreement.